Courts / Clare / Report
Kuwait claims WRC has no jurisdiction hear cultural office employee's case
Summary
In a case brought by former employee Fozia Rafiq against the Kuwait Cultural Office in Dublin, the Kuwaiti diplomatic mission argues that the Workplace Relations Commission (WRC) lacks jurisdiction because the office enjoys diplomatic immunity. Rafiq, employed on a fixed‑term contract from 4 February 2020 to 3 February 2021, claims she was treated less favourably and that her contract was non‑renewed without due process after disciplinary warnings. The mission's lawyers, led by Kiwana Ennis BL, cite sovereign immunity and the precedent of Government of Canada v Employment Appeals Tribunal, asserting Rafiq's role as an accountant does not involve public business of the State of Kuwait. Solicitor Barry Crushell for Rafiq counters that the Labour Court had ruled Kuwait could not rely on sovereign immunity to block a complaint under the Unfair Dismissals Act. Adjudicating officer Máire Mulcahy reserved judgment on jurisdiction and heard Rafiq's evidence, noting her contract allowed non‑renewal with two months' notice.
Who, what, where, when and why
What: Report matter: Kuwait claims WRC has no jurisdiction hear cultural office employee's case. Procedural stage: hearing_or_decision
When:
- 4 February 2020 Other
- 3 February 2021 Hearing Or Sentence
- 2 December Hearing Or Sentence
- 2022-05-27 Publication
Why: Fozia Rafiq has lodged a complaint with the WRC under the Protection of Employees (Fixed-Term Contracts) Act against the Embassy of Kuwait Cultural Office, alleging she was treated less favourably because of her status as a worker on a temporary contract. CNI source report
Case subjects
Applicant
Places mentioned
- Supreme Court
- High Court
Topics
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